491.230. Power to issue writ of habeas corpus--persons detained in correctional facility shall not attend civil proceeding--exceptions--conditions.

MISSOURI STATUTES AND CODES

491.230. Power to issue writ of habeas corpus--persons detained in correctional facility shall not attend civil proceeding--exceptions--conditions.

Power to issue writ of habeas corpus--persons detained in correctionalfacility shall not attend civilproceeding--exceptions--conditions.

491.230. 1. Courts of record, and any judge or justice thereof,shall have power, upon the application of any party to a criminal suit orproceeding, pending in any court of record, to issue a writ of habeascorpus for the purpose of bringing before such court any person who may bedetained in jail or prison, within the state, for any cause, to be examinedas a witness in such suit or proceeding, on behalf of the applicant.

2. No person detained in a correctional facility of the department ofcorrections shall appear and attend or be caused to appear and attend anycivil proceeding, regardless of whether he is a party, except when:

(1) The offender is a respondent in a chapter 211 proceeding toterminate parental rights. In such cases the trial judge may only issue awrit of habeas corpus ad testificandum to an offender after the departmentof corrections has been notified and allowed fifteen days to file a writtenobjection and be granted an opportunity to appear and make an oralpresentation in opposition to the offender's appearance on the basis ofsecurity considerations and the best interests of the child or children; or

(2) The offender is a party to the civil proceeding and the courtfinds that the offender will be substantially and irreparably prejudiced byhis failure to attend a trial on the merits in the civil proceeding. Insuch cases the trial judge may issue a writ of habeas corpus adtestificandum to an offender only after the department of corrections hasbeen notified and allowed fifteen days to file written objections and beengranted an opportunity to appear and make an oral presentation inopposition to the offender's appearance on the basis of securityconsiderations.